The lengthy awaited reforms to embetter the patent system had been realized by the America Invents Act (AIA). The act was signed into legislation by President Obama on the 16th of September, 2011. Based on a White Home press launch printed on the identical day, AIA will assist companies and inventors within the following methods:
- The patent processing time has lowered to at least one third of the earlier time. Which means that a quick monitor possibility is created that guarantees a 12 months turnaround time.
- There are claims that the USPTO will cut back the variety of the pending patent purposes. Nonetheless, the potential for this has been a topic of argument. Critics declare that the present legislation supplies a number of dispute decision procedures which might improve work on the USPTO.
- The legislation supplies higher methods of avoiding disputes relating to patent validity at lower than standard prices.
- The legislation goals at bettering the patent high quality. The standard administration processes would have new sources to enhance the standard of patents granted. The patent subject pointers can be streamlined and tightened.
- The legislation additionally supplies safety for the American inventors overseas. The USPTO might be working in co-operation with the patent places of work world wide to guard the American mental property. One of many main modifications caused by the AIA is the shift from "first-to-invent" to "first-to-file". The opposite modifications are the growth of which means of prior artwork and important discount in prices for brand new micro entities.
The "first-to-file" system might be introduced into motion beginning 16th of March, 2013. Based on this method, a patent's precedence date might be decided primarily based on its submitting date. This implies, a patent utility which is filed first can be given precedence over an utility which is filed later. That is relevant on patent purposes filed after the talked about date. Beforehand, to be able to grant a patent the publicly out there texts corresponding to publications had been reviewed to see the authenticity and novelty of the invention. Now, there are prior artwork searches carried out to confirm the novelty of theventions.
Below the present legislation, a "micro-entity" standing has been added whereby the micro-entity could be an inventor or a college assembly sure standards. A micro-entity is eligible to a reduction of 75 p.c within the patent price or within the patent utility. A few of the main issues raised relating to the AIA are:
- Small corporations and entrepreneurs weren’t correctly represented within the strategy of arriving on the remaining model of AIA, whereas massive corporations spared no efforts in lobbying. It’s believed that sure provisions within the AIA are detrimental for the small corporations.
- One other concern expressed was that the act doesn’t do a lot to curb non working towards entities from suing working towards entities. Non working towards entities are corporations that personal patents and no merchandise are primarily based on the patented applied sciences. The patents are enforced in case a license has not been taken. The working towards entities are corporations that supply services or products primarily based on the patented applied sciences.
- Yet one more reservation is that the invoice will solely improve the workload within the USPTO, which in response to some is already understaffed. One of many goals of the AIA is to cut back the patent utility processing time from three years to at least one 12 months. Nonetheless, the AIA supplies a number of dispute decision procedures which can solely improve the workload on the USPTO.